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GRIESENBECK v. AMERICAN TOBACCO CO.

Civ. No. 95-1876 (DRD).

897 F.Supp. 815 (1995)

Dana GRIESENBECK, Plaintiff, v. The AMERICAN TOBACCO COMPANY and ABC Co., Def Co., GHI Co., and John Doe (fictitious named manufacturers and distributors of cigarettes and cigarette paper), Defendants.

United States District Court, D. New Jersey.

July 13, 1995.

Attorney(s) appearing for the Case

James F. Carney, Roseland, NJ, for Plaintiff.

Norris, McLaughlin & Marcus, William C. Slattery, Somerville, NJ, for Defendant Brown and Williamson Tobacco Corporation (Successor by merger to The American Tobacco Company).

OPINION

DEBEVOISE, Senior District Judge.

Defendant Brown & Williamson Tobacco Corporation ("Brown & Williamson") moves to dismiss for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the motion will be granted and the complaint dismissed.

I. The Allegations of the Complaint

Plaintiff's complaint contains five counts as follows:

...

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